A court ruling Monday allows Napster users to continue swapping music for now but opens the door to millions of dollars in damages that could cripple the service.
Published:
22 February 2001 y., Thursday
A three- member panel of judges from the 9th U.S. Circuit Court of Appeals in San Francisco stopped short of immediately halting the music swapping, as a lower court had done in July. Calling the earlier decision by U.S. District Judge Marilyn Hall Patel "overbroad," they sent it back to the district court with instructions for creating a narrower injunction that would still require Napster to block the trading of copyrighted music. But the judges also warned that Napster could be liable for huge damages, which could lead to sweeping changes in the way it operates its service.
"We affirm the district court's conclusion that plaintiffs have demonstrated a likelihood of success on the merits of the contributory copyright claim," the judges wrote. Some form of injunction is "not only warranted but required," the judges continued. That means Napster must halt the trading of specific files it is told to block by record companies. But that could be millions of songs, and it sets the stage for new, sweeping restrictions on what can be traded through the service. The ultimate fate of the controversial technology may hinge on whether it is possible--or impossible--to effectively police on thelabyrinthine networks created by file-swapping software. Monday's appellate court ruling ordered Napster to police its networks "within the limits of the system." As it has in the past, Napster will likely argue in its next appeal that it is technologically impossible to conduct this policing at the massive level demanded by the recording studios.
Šaltinis:
two.digital.cnet.com
Copying, publishing, announcing any information from the News.lt portal without written permission of News.lt editorial office is prohibited.
The most popular articles
Software company announced new structure_ of it_s business.
more »
Recent global broadband Internet studies show that Lithuania has got the fastest Internet in the world as well as is one of the leading countries in terms of Internet service quality.
more »
Gemalto announces it is delivering national ID cards to Kuwait.
more »
Yves Neyrand, the director of test for the Windows Developer Experience team, helped create multitouch functionality for Windows 7 that allows the use of touch to perform actions normally performed with mouse and keyboard.
more »
Microsoft makes retail debut to bring consumers more choice, better value and great customer service.
more »
There are widespread problems with refusals of orders for EU consumers trying to purchase goods online in another Member state, according to a new European Commission report on cross border consumer e-commerce published today.
more »
Lithuania’s Electronic signature breakthrough program AB DnB NORD Bankas upgraded its Internet Banking system so that customers could log in and sign payments, agreements and other important documents using mobile e-signature.
more »
Cisco announced the availability of Cisco® Channel Education Specializations to help customers identify Cisco Learning Partners that offer advanced training expertise in specific, sophisticated network technologies.
more »
Wincor Nixdorf has extended its relationship with Shell International Petroleum Company Limited (Shell), an affiliate of Royal Dutch Shell plc.
more »
AT&T announced two new smartphones based on Microsoft Inc.'s new Windows Mobile 6.5 operating system, HTC's Tilt 2 and Pure.
more »
Verizon Business is the winner of the Metro Ethernet Forum’s 2009 European Carrier Ethernet Service Provider of the Year Award for Service Innovation.
more »